WORCESTER — A Gardner man who was being held without bail on charges in connection with a June 21 shooting death of a Fitchburg man pleaded not guilty Thursday in Worcester Superior Court on charges related to possession of an illegal drug while imprisoned.

Dax A. Gibson, 36, of 365 Elm St., Gardner, was arraigned through a partly open doorway to the courtroom. He pleaded not guilty to charges of conspiracy, attempt to commit a crime, and being an inmate in possession of drugs.

His bail was set at $50,000.

His lawyer, Jeffrey S. Brown, from Fierst, Kane and Bloomberg of Northampton, requested that his client remain out of the courtroom because of an "identification issue," he said.

Mr. Brown took over as Mr. Gibson's lawyer after his previous lawyer, Daniel W. Cronin, asked to be removed from the case because, he said, he may have to testify against his own client.

According to court documents, on Oct. 9, the jail received a manila envelope addressed to Mr. Gibson with a return address from Mr. Cronin that contained three packets of powder, one of which tested positive as oxycodone. When called by a detective, Mr. Cronin said the envelope did not originate from the Cronin law firm, court documents said.

Mr. Gibson was being held without bail on charges in connection with the June 21 shooting death of 26-year-old Luis R. Rodriguez, who investigators say was shot in his 82 Marshall St., Fitchburg, apartment and then fled to a neighbor's porch, where he was found bleeding.

He was taken to the hospital and pronounced dead a short time later. His killing was allegedly over drugs and money, according to court documents.

Mr. Gibson was indicted by a grand jury in August on charges of murder, home invasion, armed assault in a dwelling, kidnapping, armed assault with intent to rob, threatening and firearm charges, and his case was moved to Worcester Superior Court.

Mr. Gibson and his girlfriend, Ashley Fruguglietti, 25, also of 365 Elm St., Gardner, were arrested July 25 in Richmond, Va., and were returned to Massachusetts to face the charges against them.

Ms. Fruguglietti pleaded not guilty Aug. 1 in Worcester Superior Court to charges of being an accessory, after the fact, to murder and to misleading law enforcement.

Bail for Ms. Fruguglietti was set at $100,000 cash.

Authorities said the couple's infant son was with them at the time of their arrest. Virginia social services took custody of the child.

Dinkue Brown, 27, of 33 Adams St., Fitchburg has also been charged with murder in the slaying of Mr. Rodriguez. He had also fled the state and was later arrested in Indiana.

In court documents, it is alleged that Mr. Brown would pay Fitchburg resident Michele Kelley to drive him around to conduct "drug drops," and would compensate her with gas money, food and crack cocaine.

On June 21, Ms. Kelley and Mr. Gibson were out doing drug deals in her 2005 Toyota Sequoia in Fitchburg with her 20-month-old son and friend Jenna Kearchner sitting in the back seat, court documents said.

During the "drug drops," Mr. Brown received several calls from friends saying that Mr. Rodriguez was publicly slighting him, saying he owed him money and making him look bad, court documents said.

Ms. Kelley also claimed Mr. Brown kept a gun pointed to her head the whole time, court documents said.

When they arrived at Mr. Rodriguez's apartment building, Mr. Gibson allegedly went in with a knife belt and two guns and with a black T-shirt covering his head, court documents said.

Ms. Kelley said she heard three gunshots 30 seconds later and then saw a "skinny black man running out of the building" and diving into the neighbor's bushes, court documents said.

Mr. Gibson was bleeding profusely from his hand, and Ms. Kelley said he was "freaking out" and worried that his DNA had been left in the apartment, court documents said.

She said Mr. Gibson said he had shot Mr. Rodriguez twice in the head and once in the chest, court documents said.

Ms. Kelley said Mr. Brown ordered her to drive off and the men later stashed the weapons in Tiffany J. Phillinger's Mechanic Street apartment, where Mr. Gibson cleaned up and changed, court documents said.

Ms. Kelley cleaned up the back seat of the car and threw the bloody napkins and black T-shirt into the bushes, court documents said.

Later that night, Ms. Kelley said, she went back out to conduct about 20 drug deals with Mr. Brown so everything would seem "normal," court documents said.

Three others have also been charged in the case. Gihan M. Alcantara, 30, of 23 Chester St., Fitchburg, is charged with witness intimidation and carrying a firearm without a license. Ta-lia Johnson, 20, of 33 Adams St., Fitchburg, is charged with witness intimidation, and Tiffany J. Phillinger, 32, of 137 Mechanic St., Fitchburg, is charged with being an accessory, after the fact, to murder and being an accessory, after the fact, to robbery.

Their cases are pending in the Fitchburg court.

Contact Paula Owen at powen@telegram.com. Follow her on Twitter @PaulaOwenTG

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